2601. (a) On or before the fourth Monday in September, the auditor
shall deliver the secured roll to the tax collector, with an affixed
affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that I received the
assessment roll from the assessor, with his affixed affidavit: that I
have corrected it as required by the State Board of Equalization;
and that I have reckoned the respective sums due as taxes and have
added the columns of valuations and taxes, as required by law."
If the roll is a machine-prepared roll, the auditor shall deliver
the assessment roll to the assessor and shall deliver the roll on
which he has extended taxes to the tax collector, with an affixed
affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the attached roll is
a reproduction of the roll prepared by the assessor and corrected by
the State Board of Equalization; and that I have reckoned the
respective sums due as taxes and have added the columns of valuations
and taxes as required by law."
(b) If the roll is a machine-prepared roll, and the tax bills are,
with the consent of the tax collector and the approval of the board
of supervisors, also machine-prepared by the auditor, the auditor
shall, on or before the fourth Monday in September, deliver the
assessment roll to the assessor, and shall, on or before October 16,
deliver the roll on which he has extended taxes to the tax collector,
with an affixed affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the attached roll is
a reproduction of the roll prepared by the assessor and corrected by
the State Board of Equalization; and that I have reckoned the
respective sums due as taxes and have added the columns of valuations
and taxes as required by law."
(c) If the extended roll is retained in electronic data-processing
equipment and no physical document is prepared and if the tax bills
are, with the consent of the tax collector and the approval of the
board of supervisors, machine prepared, the auditor shall, on or
before the fourth Monday in September, deliver the assessment roll to
the assessor, and shall, on or before October 16, deliver the
completed tax bills to the tax collector with an affidavit,
subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the tax bills
herewith submitted to you are the result of extending the roll
prepared by the assessor and corrected by the State Board of
Equalization and that I have determined the respective sums due as
taxes, in the total amount of $____, as required by law."
2602. The tax collector shall collect all property taxes.
2603. At the time the auditor delivers the local assessment roll to
the tax collector, he shall charge the collector with the taxes
extended thereon, together with the taxes extended on the board roll.
2604. When property the taxes on which are to be collected by the
tax collector is placed on the roll after it has been delivered to
the tax collector, the auditor shall immediately compute and enter
the tax and other charges and make the necessary changes in his
account with the tax collector.
2605. The following taxes on the secured roll are due and payable
November 1:
(a) All taxes on personal property.
(b) Half the taxes on real property, and if the amount is not
evenly divisible by two, the odd cent is also due and payable unless
the roll shows the odd cent as part of the second installment.
2606. The second half of taxes on real property on the secured roll
is due and payable February 1.
2607. The entire tax on real property may be paid when the first
installment is due and payable or at any time thereafter until the
properties on the current roll become tax defaulted. The second
installment may be paid separately only if the first installment has
been paid. The tax collector shall accept payment of current year
taxes even though prior year delinquencies on the real property may
exist. The acceptance of that payment shall not affect the validity
of any sale in satisfaction of a lien for defaulted taxes.
2607.1. Upon authorization of the board of supervisors, the tax
collector shall accept payment of the second installment of the tax
on real property at a discounted amount, as established annually by
the board, if payment is made on or before the date the first
installment is due.
2608. The tax collector may fix a date preceding the due date when
payments may be made.
2609. On or before the day when taxes are payable the tax collector
shall publish a notice specifying:
(a) The dates when taxes on the secured roll will be due.
(b) The times when these taxes will be delinquent.
(c) The penalties and costs for delinquency.
(d) That all taxes may be paid when the first installment is due.
(e) The times and places at which payment of taxes may be made.
2610. The notice shall be published once a week for two weeks in a
newspaper, if there is one published in the county, or, if none, by
posting it in three public places in each township.
2610.5. Annually, on or before November 1, the tax collector shall
mail or electronically transmit a county tax bill or a copy thereof
for every property on the secured roll. This requirement need not be
met where no taxes are due. Failure to receive a tax bill shall not
relieve the lien of taxes, nor shall it prevent the imposition of
penalties imposed by this code. However, the penalty imposed for
delinquent taxes as provided by any section of this code shall be
canceled if the assessee or fee owner demonstrates to the tax
collector that delinquency is due to the tax collector's failure to
mail or electronically transmit the tax bill to the address provided
on the tax roll or electronic address provided and authorized by the
taxpayer to the tax collector. Penalties imposed may be canceled if
the board of supervisors, upon recommendation of the tax collector,
has authorized the tax collector to establish, and the tax collector
has so established, specific procedures for the consideration of
penalty cancellations. Those procedures may provide that penalties
imposed may be canceled by resolution of the county board of
supervisors upon the recommendation of the tax collector if the
assessees or fee owners demonstrate to the tax collector that the
delinquency is due to the county's failure to send a notice of taxes
to the owner of property acquired after the lien date on the secured
roll, provided payment of the amount of taxes due, minus any
penalties and costs, is made no later than June 30 of the fiscal year
in which the property owner is named as the assessee for taxes
coming due.
With respect to a late, amended, or corrected tax bill, the
penalties imposed for delinquent taxes shall be canceled if the tax
amount is paid within 30 days following the date that bill is mailed
or electronically transmitted.
Under no circumstance shall a taxpayer have fewer than 30 days to
pay without penalty.
2610.6. When the tax collector sends a tax bill to any person
respecting property which has been assessed to another and who has
the power, pursuant to written or oral authorization, to pay the
taxes on behalf of another, the tax collector shall send to the
assessee an information copy of the tax bill, except, that the copy
shall state plainly that the copy is not a bill and that the original
bill has been sent to another person for payment.
2611. A notice shall be printed on all tax bills specifying that if
taxes are unpaid, it will be necessary as provided by law to pay:
(a) Delinquency penalties.
(b) Costs.
(c) Redemption penalties.
(d) Redemption fee.
2611.1. Any county department, officer, or employee charged by law
with the collection of any county tax assessment, penalty or cost,
license fees or money owing the county for any reason, that is due
and payable, may file a verified application with the board for a
discharge from accountability for the collection of the tax
assessment, penalty or cost, license fees or money owing the county
for any reason if the amount is so small as not to justify the cost
of collection or if collection enforcement is impractical. The board
of supervisors may adopt, with the approval of a majority of its
entire membership, a resolution that authorizes and designates the
county auditor as the officer to exercise the authority of the board
under this section. No discharge from accountability obtained
pursuant to this section shall be construed to release any person
other than the person who obtained that discharge from an obligation
to pay amounts that are due and owing.
2611.2. The application for a discharge of accountability shall
include:
(a) A statement of the nature of the amount owing.
(b) The names of the assessees or persons liable and the amount
owed by each.
(c) The estimated cost of collection.
(d) Any other fact warranting the discharge, except where the
board of supervisors determines that the circumstances do not warrant
the furnishing of detailed information.
2611.3. The board of supervisors may make an order discharging the
department, officer, or employee, from further accountability and
direct the county auditor to adjust any charge against said
department, officer, or employee, in a like amount.
2611.4. Any county department, officer or employee may refrain from
collecting any tax, assessment, penalty or cost, license fees or
money owing to the county where the amount to be collected is twenty
dollars ($20) or less. Nothing in this section shall be construed as
releasing any person from the payment of any tax, assessment, penalty
or cost, license fee or any other money which is due and owing to
the county.
2611.5. At the option of a county and when authorized by resolution
of the board of supervisors pursuant to Article 4 (commencing with
Section 29370) of Chapter 2 of Division 3 of Title 3 of the
Government Code, a cash difference fund may be used to increase the
amount tendered to the county for the payment of any tax,
assessments, penalty, cost or interest which is due and owing the
county, when a difference of ten dollars ($10) or less exists. A
record of each use of the fund shall be maintained, containing
sufficient information to identify the name of the person whose
account was credited and listing the amount of the difference.
Notwithstanding any provision of law, including Sections 29372,
29373, 29374, and 29375 of the Government Code, the cash difference
fund may be expended, maintained, or replenished by accounting
entries into a cash difference account and an overage account
maintained in the county automated accounting system. All transfers
between the fund and the accounts may be made and retained in
electronic data processing equipment and no written report pursuant
to Section 29073 of the Government Code, warrant, special warrant, or
check warrant need be prepared by the auditor or treasurer. If
approved pursuant to Section 29380.1 of the Government Code,
replenishment of the cash difference account may be accomplished by
the county auditor by a journal entry or electronic funds transfer
from the county's general fund.
When an amount paid to the county on any tax, assessment, penalty,
cost, and interest exceed the amount due the county and the excess
does not exceed ten dollars ($10), the excess amount may be deposited
into the overage account. If the excess amount is not so deposited,
it shall be refunded to the person making the payment.
2611.6. The following information shall be included in each county
tax bill, whether mailed or electronically transmitted, or in a
separate statement accompanying the bill:
(a) The full value of locally assessed property, including
assessments made for irrigation district purposes in accordance with
Section 26625.1 of the Water Code.
(b) The tax rate required by Article XIII A of the California
Constitution.
(c) The rate or dollar amount of taxes levied in excess of the
1-percent limitation to pay for voter-approved indebtedness incurred
before July 1, 1978, or bonded indebtedness for the acquisition or
improvement of real property approved by two-thirds of the voters on
or after June 4, 1986.
(d) The amount of any special taxes and special assessments
levied.
(e) The amount of any tax rate reduction pursuant to Section 96.8,
with the notation: "Tax reduction by (name of jurisdiction)."
(f) The amount of any exemptions. Exemptions reimbursable by the
state shall be shown separately.
(g) The total taxes due and payable on the property covered by the
bill.
(h) Instructions on tendering payment, including the name and
mailing address of the tax collector.
(i) The billing of any special purpose parcel tax as required by
paragraph (2) of subdivision (b) of Section 53087.4 of the Government
Code, or any successor to that paragraph.
(j) Information specifying all of the following:
(1) That if the taxpayer disagrees with the assessed value as
shown on the tax bill, the taxpayer has the right to an informal
assessment review by contacting the assessor's office.
(2) That if the taxpayer and the assessor are unable to agree on a
proper assessed value pursuant to an informal assessment review, the
taxpayer has the right to file an application for reduction in
assessment for the following year with the county board of
equalization or the assessment appeals board, as applicable, and the
time period during which the application will be accepted.
(3) The address of the clerk of the county board of equalization
or the assessment appeals board, as applicable, at which forms for an
application for reduction in assessment may be obtained.
2611.7. (a) Upon the written request of a taxpayer made no later
than September 1, a tax collector who has adopted this section
pursuant to paragraph (4) of subdivision (c) shall, subject to
subdivisions (b) and (c), issue a consolidated tax statement, for all
of the properties entered on the secured roll with respect to which
the requesting taxpayer is the assessee. An adopting tax collector
shall annually print on the back of each property tax bill a written
notice to each taxpayer of a taxpayer's authority under this section
to request a consolidated tax statement, and of those fees,
requirements, conditions, and limitations specified in subdivisions
(b) and (c).
(b) Any request made pursuant to this section for a consolidated
tax statement is subject to all of the following conditions:
(1) The request shall specify the assessor's parcel number of each
property on the secured roll for which the requesting taxpayer is
the assessee.
(2) With respect to any single parcel, only one named assessee may
request and receive a consolidated tax statement.
(3) Any request that is timely made pursuant to this section for a
consolidated tax statement is valid only for those property taxes
levied for the first five fiscal years following the making of the
request.
(c) (1) The tax collector may charge a fee for each request for a
consolidated tax statement made pursuant to this section. Any fee
charged pursuant to this paragraph shall be set at an amount not
greater than that amount that will allow the tax collector to recover
his or her costs incurred in implementing this section.
(2) A consolidated tax statement issued pursuant to a request made
pursuant to this section is not a tax bill and does not supersede or
take the place of any tax bill.
(3) No tax collector shall incur any legal liability with respect
to any consolidated tax statement provided by the tax collector
pursuant to this section.
(4) This section does not apply to a county unless the tax
collector of that county has adopted this section pursuant to a
written memorandum transmitted to the county board of supervisors and
recorded with the county recorder.
2612. On the tax bill for tax-defaulted property shall appear in
writing the fact that prior year taxes are in default. The tax bill
may contain language such as "prior year taxes delinquent," "prior
year taxes in default," "unpaid prior year taxes jeopardize property,"
or any other language which would indicate the fact that the
property is in jeopardy as a result of delinquent prior year taxes.
2612.5. The tax collector shall issue separate tax bills for
tax-defaulted property and property which is not tax delinquent.
Where tax-defaulted property and property which is not tax
delinquent have been included or combined in one assessment, the tax
collector may request the assessor to make a separate valuation of
each such property, and the assessor shall within 10 days from and
after the date of any such request make each such valuation and
notify the auditor thereof.
2612.6. The auditor shall enter the descriptions and the separate
valuations on the roll in lieu of the original assessment, shall
compute the taxes and penalties thereon and notify the tax collector
thereof.
2613. All taxes shall be paid at the tax collector's office unless
the board of supervisors, upon recommendation of the tax collector
and on or before the day when payments may be made, orders that taxes
be collected in any other or additional location, in addition to a
location within the county.
2614. The tax collector shall mark the fact and date of payment on
the roll or delinquent roll, opposite the tax to which the payment
relates.
2614.5. The tax collector may, when approved by resolution of the
board of supervisors of such county, adopt a procedure showing the
fact and date of payment on machine-prepared lists.
2615. Whenever taxes are paid in cash or whenever a receipt is
requested at the time of payment by the person paying the tax, the
tax collector shall give a receipt to the person making payment,
specifying each of the following:
(a) The amount paid.
(b) The fiscal year and the installment of taxes to which the
payment applies.
(c) The description of the property.
The receipt shall be issued without charge.
2615.5. When the county sends a tax bill or copy thereof to any
homeowner who received the homeowners' exemption in the immediately
preceding year, except where such person has transferred title in the
property since the immediately preceding lien date, or to any person
who has filed an exemption claim during the preceding assessment
year, the tax bill or copy shall be accompanied by a notice
concerning ineligibility for the homeowners' exemption. The notice
shall inform the taxpayer of the circumstances under which he becomes
ineligible for the exemption, of the penalties which are applicable
if he allows the exemption to continue when he is not eligible for
the exemption, and of his duty to inform the assessor when he is no
longer eligible for the exemption. Failure to receive the notice
shall not excuse the taxpayer of the duty to inform the assessor of
his ineligibility for the exemption.
2615.6. When the county sends to any person a tax bill, it shall be
accompanied by a notice regarding property tax assistance and
postponement for senior citizens under the
Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance
Law and the Senior Citizens Property Tax Postponement Law. The text
of this notice shall be prepared by the Franchise Tax Board.
2616. Not less than once every 12 months and on dates approved by
the auditor, the tax collector shall account to the auditor for all
moneys collected during the preceding reporting period. On the same
day he or she shall file with the auditor a statement under oath,
showing that all money collected by him or her has been paid as
required by law.
Not less than once every 12 months and on dates approved by the
auditor, the tax collector shall file with the auditor a statement
under oath, showing an itemized account of all his or her
transactions and receipts since his or her last settlement.
In counties using a mechanized management reporting system in
reporting information for a uniform four-week period, the board of
supervisors, by ordinance, may provide for the duties required by
this section to be performed on a corresponding uniform four-week
period.
2617. All taxes due November 1, if unpaid, are delinquent at 5
p.m., or the close of business, whichever is later, on December 10,
and thereafter a delinquent penalty of 10 percent attaches to them.
2618. The second half of taxes on real property, if unpaid, is
delinquent at 5 p.m., or the close of business, whichever is later,
on April 10, and thereafter a delinquent penalty of 10 percent
attaches to it.
2619. If December 10 or April 10 falls on Saturday, Sunday or a
legal holiday, the time of delinquency is at 5 p.m., or the close of
business, whichever is later, on the next business day. If the board
of supervisors, by adoption of an ordinance or resolution, closes the
county's offices for business prior to the time of delinquency on
the "next business day" or for that whole day, that day shall be
considered a legal holiday for purposes of this section.
2621. After the second installment of taxes on the secured roll is
delinquent, the tax collector shall collect a cost of ten dollars
($10) for preparing the delinquent tax records and giving notice of
delinquency on each separate valuation on the secured roll of:
(a) Real property, except possessory interests.
(b) Possessory interests.
(c) Personal property cross-secured to real property.
The cost shall be collected even though the property appears on
the roll due to a special assessment and no valuation of the property
is given.
2623. Prior to February 1st, the auditor shall:
(a) Compute and enter the delinquent penalty against all taxes on
the secured roll not marked paid.
(b) Foot the penalties.
(c) Charge the tax collector with the total penalties due on the
secured roll.
(d) Deliver the secured roll to the tax collector.
2624. After the second half of taxes on real property is
delinquent, the tax collector shall prepare a delinquent roll. In
numerical or alphabetical order, the delinquent roll shall show all
information on the secured roll relating to property the taxes on
which are delinquent.
2626. On or before June 1st, the auditor shall compare the
delinquent roll, if one is prepared, with the secured roll. If
satisfied the delinquent roll is correct, he shall:
(a) Foot the unpaid taxes and penalties.
(b) Credit the tax collector with the unpaid taxes and penalties
on the secured roll.
(c) Make a final settlement with him of all taxes and penalties
charged against him on the secured roll.
The tax collector shall deliver the treasurer's receipt to the
auditor, unless the treasurer is the collector, and shall immediately
account for any deficiency. The secured roll shall remain in the tax
collector's office.
2627. Within three days after this settlement, the auditor shall:
(a) Compute and enter the penalties and costs on the delinquent
roll.
(b) Charge the tax collector with the amount due on the delinquent
roll.
(c) Deliver the delinquent roll duly certified, to the tax
collector.
2628. Annually, on or before August 10th, the tax collector shall
make a collections report on the secured roll and, if one is
prepared, the delinquent roll, and make it or them available to the
auditor for purposes of audit.
2629. The auditor shall then administer an oath to the tax
collector, to be written and subscribed on the delinquent roll, that
all property on the delinquent roll on which taxes have been paid has
been credited with the payment on the delinquent roll.
2630. The auditor shall foot the amount unpaid on the delinquent
roll, credit the tax collector with the amount, and have a final
settlement with him.
2631. If the roll or delinquent roll is transferred from one
collector to another, the auditor shall credit the one and charge the
other with the amount outstanding.
2632. If the tax collector refuses or neglects for five days to
make payments or settlements as required in this division, he is
liable for the full amount of taxes charged against him.
2633. The district attorney shall bring suit against the tax
collector and his sureties for this amount. The controller or the
board of supervisors may require the district attorney to bring this
suit if he neglects his duty. After the suit is commenced, no credit
shall be made to the collector for taxes outstanding.
2634. The roll or delinquent roll or a copy certified by the tax
collector, showing unpaid taxes against any property, is prima facie
evidence of the assessment, the property assessed, the delinquency,
the amount of taxes due and unpaid, and that there has been
compliance with all forms of law relating to assessment and levy of
the taxes.
2635. When the amount of taxes paid exceeds the amount due by more
than ten dollars ($10), the tax collector shall send notice of the
overpayment to the taxpayer. The notice shall be mailed to the
taxpayer's last known address and shall state the amount of
overpayment and that a refund claim may be filed pursuant to Chapter
5 (commencing with Section 5096) of Part 9.
2635.5. Notwithstanding any other provision of law, with the
exception of Chapter 2.3 (commencing with Section 2780) of Part 5,
the tax collector may apply any refund due a taxpayer, or the
taxpayer's agent, to any delinquent taxes due on the same property
for which the same taxpayer, or his or her agent, is liable.
2636. Notwithstanding any other provision of law, in the case of a
deficiency in the payment of taxes due and payable pursuant to this
chapter, the tax collector, with the approval of the board of
supervisors, may accept such partial payment from the taxpayer. Such
partial payments are to be applied first to all penalties, interest
and costs with the balance being applied to the taxes due. The
difference between the amount paid by the taxpayer and the amount due
shall be treated as a delinquent tax in the same manner as any other
delinquent tax.
2601. (a) On or before the fourth Monday in September, the auditor
shall deliver the secured roll to the tax collector, with an affixed
affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that I received the
assessment roll from the assessor, with his affixed affidavit: that I
have corrected it as required by the State Board of Equalization;
and that I have reckoned the respective sums due as taxes and have
added the columns of valuations and taxes, as required by law."
If the roll is a machine-prepared roll, the auditor shall deliver
the assessment roll to the assessor and shall deliver the roll on
which he has extended taxes to the tax collector, with an affixed
affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the attached roll is
a reproduction of the roll prepared by the assessor and corrected by
the State Board of Equalization; and that I have reckoned the
respective sums due as taxes and have added the columns of valuations
and taxes as required by law."
(b) If the roll is a machine-prepared roll, and the tax bills are,
with the consent of the tax collector and the approval of the board
of supervisors, also machine-prepared by the auditor, the auditor
shall, on or before the fourth Monday in September, deliver the
assessment roll to the assessor, and shall, on or before October 16,
deliver the roll on which he has extended taxes to the tax collector,
with an affixed affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the attached roll is
a reproduction of the roll prepared by the assessor and corrected by
the State Board of Equalization; and that I have reckoned the
respective sums due as taxes and have added the columns of valuations
and taxes as required by law."
(c) If the extended roll is retained in electronic data-processing
equipment and no physical document is prepared and if the tax bills
are, with the consent of the tax collector and the approval of the
board of supervisors, machine prepared, the auditor shall, on or
before the fourth Monday in September, deliver the assessment roll to
the assessor, and shall, on or before October 16, deliver the
completed tax bills to the tax collector with an affidavit,
subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the tax bills
herewith submitted to you are the result of extending the roll
prepared by the assessor and corrected by the State Board of
Equalization and that I have determined the respective sums due as
taxes, in the total amount of $____, as required by law."
2602. The tax collector shall collect all property taxes.
2603. At the time the auditor delivers the local assessment roll to
the tax collector, he shall charge the collector with the taxes
extended thereon, together with the taxes extended on the board roll.
2604. When property the taxes on which are to be collected by the
tax collector is placed on the roll after it has been delivered to
the tax collector, the auditor shall immediately compute and enter
the tax and other charges and make the necessary changes in his
account with the tax collector.
2605. The following taxes on the secured roll are due and payable
November 1:
(a) All taxes on personal property.
(b) Half the taxes on real property, and if the amount is not
evenly divisible by two, the odd cent is also due and payable unless
the roll shows the odd cent as part of the second installment.
2606. The second half of taxes on real property on the secured roll
is due and payable February 1.
2607. The entire tax on real property may be paid when the first
installment is due and payable or at any time thereafter until the
properties on the current roll become tax defaulted. The second
installment may be paid separately only if the first installment has
been paid. The tax collector shall accept payment of current year
taxes even though prior year delinquencies on the real property may
exist. The acceptance of that payment shall not affect the validity
of any sale in satisfaction of a lien for defaulted taxes.
2607.1. Upon authorization of the board of supervisors, the tax
collector shall accept payment of the second installment of the tax
on real property at a discounted amount, as established annually by
the board, if payment is made on or before the date the first
installment is due.
2608. The tax collector may fix a date preceding the due date when
payments may be made.
2609. On or before the day when taxes are payable the tax collector
shall publish a notice specifying:
(a) The dates when taxes on the secured roll will be due.
(b) The times when these taxes will be delinquent.
(c) The penalties and costs for delinquency.
(d) That all taxes may be paid when the first installment is due.
(e) The times and places at which payment of taxes may be made.
2610. The notice shall be published once a week for two weeks in a
newspaper, if there is one published in the county, or, if none, by
posting it in three public places in each township.
2610.5. Annually, on or before November 1, the tax collector shall
mail or electronically transmit a county tax bill or a copy thereof
for every property on the secured roll. This requirement need not be
met where no taxes are due. Failure to receive a tax bill shall not
relieve the lien of taxes, nor shall it prevent the imposition of
penalties imposed by this code. However, the penalty imposed for
delinquent taxes as provided by any section of this code shall be
canceled if the assessee or fee owner demonstrates to the tax
collector that delinquency is due to the tax collector's failure to
mail or electronically transmit the tax bill to the address provided
on the tax roll or electronic address provided and authorized by the
taxpayer to the tax collector. Penalties imposed may be canceled if
the board of supervisors, upon recommendation of the tax collector,
has authorized the tax collector to establish, and the tax collector
has so established, specific procedures for the consideration of
penalty cancellations. Those procedures may provide that penalties
imposed may be canceled by resolution of the county board of
supervisors upon the recommendation of the tax collector if the
assessees or fee owners demonstrate to the tax collector that the
delinquency is due to the county's failure to send a notice of taxes
to the owner of property acquired after the lien date on the secured
roll, provided payment of the amount of taxes due, minus any
penalties and costs, is made no later than June 30 of the fiscal year
in which the property owner is named as the assessee for taxes
coming due.
With respect to a late, amended, or corrected tax bill, the
penalties imposed for delinquent taxes shall be canceled if the tax
amount is paid within 30 days following the date that bill is mailed
or electronically transmitted.
Under no circumstance shall a taxpayer have fewer than 30 days to
pay without penalty.
2610.6. When the tax collector sends a tax bill to any person
respecting property which has been assessed to another and who has
the power, pursuant to written or oral authorization, to pay the
taxes on behalf of another, the tax collector shall send to the
assessee an information copy of the tax bill, except, that the copy
shall state plainly that the copy is not a bill and that the original
bill has been sent to another person for payment.
2611. A notice shall be printed on all tax bills specifying that if
taxes are unpaid, it will be necessary as provided by law to pay:
(a) Delinquency penalties.
(b) Costs.
(c) Redemption penalties.
(d) Redemption fee.
2611.1. Any county department, officer, or employee charged by law
with the collection of any county tax assessment, penalty or cost,
license fees or money owing the county for any reason, that is due
and payable, may file a verified application with the board for a
discharge from accountability for the collection of the tax
assessment, penalty or cost, license fees or money owing the county
for any reason if the amount is so small as not to justify the cost
of collection or if collection enforcement is impractical. The board
of supervisors may adopt, with the approval of a majority of its
entire membership, a resolution that authorizes and designates the
county auditor as the officer to exercise the authority of the board
under this section. No discharge from accountability obtained
pursuant to this section shall be construed to release any person
other than the person who obtained that discharge from an obligation
to pay amounts that are due and owing.
2611.2. The application for a discharge of accountability shall
include:
(a) A statement of the nature of the amount owing.
(b) The names of the assessees or persons liable and the amount
owed by each.
(c) The estimated cost of collection.
(d) Any other fact warranting the discharge, except where the
board of supervisors determines that the circumstances do not warrant
the furnishing of detailed information.
2611.3. The board of supervisors may make an order discharging the
department, officer, or employee, from further accountability and
direct the county auditor to adjust any charge against said
department, officer, or employee, in a like amount.
2611.4. Any county department, officer or employee may refrain from
collecting any tax, assessment, penalty or cost, license fees or
money owing to the county where the amount to be collected is twenty
dollars ($20) or less. Nothing in this section shall be construed as
releasing any person from the payment of any tax, assessment, penalty
or cost, license fee or any other money which is due and owing to
the county.
2611.5. At the option of a county and when authorized by resolution
of the board of supervisors pursuant to Article 4 (commencing with
Section 29370) of Chapter 2 of Division 3 of Title 3 of the
Government Code, a cash difference fund may be used to increase the
amount tendered to the county for the payment of any tax,
assessments, penalty, cost or interest which is due and owing the
county, when a difference of ten dollars ($10) or less exists. A
record of each use of the fund shall be maintained, containing
sufficient information to identify the name of the person whose
account was credited and listing the amount of the difference.
Notwithstanding any provision of law, including Sections 29372,
29373, 29374, and 29375 of the Government Code, the cash difference
fund may be expended, maintained, or replenished by accounting
entries into a cash difference account and an overage account
maintained in the county automated accounting system. All transfers
between the fund and the accounts may be made and retained in
electronic data processing equipment and no written report pursuant
to Section 29073 of the Government Code, warrant, special warrant, or
check warrant need be prepared by the auditor or treasurer. If
approved pursuant to Section 29380.1 of the Government Code,
replenishment of the cash difference account may be accomplished by
the county auditor by a journal entry or electronic funds transfer
from the county's general fund.
When an amount paid to the county on any tax, assessment, penalty,
cost, and interest exceed the amount due the county and the excess
does not exceed ten dollars ($10), the excess amount may be deposited
into the overage account. If the excess amount is not so deposited,
it shall be refunded to the person making the payment.
2611.6. The following information shall be included in each county
tax bill, whether mailed or electronically transmitted, or in a
separate statement accompanying the bill:
(a) The full value of locally assessed property, including
assessments made for irrigation district purposes in accordance with
Section 26625.1 of the Water Code.
(b) The tax rate required by Article XIII A of the California
Constitution.
(c) The rate or dollar amount of taxes levied in excess of the
1-percent limitation to pay for voter-approved indebtedness incurred
before July 1, 1978, or bonded indebtedness for the acquisition or
improvement of real property approved by two-thirds of the voters on
or after June 4, 1986.
(d) The amount of any special taxes and special assessments
levied.
(e) The amount of any tax rate reduction pursuant to Section 96.8,
with the notation: "Tax reduction by (name of jurisdiction)."
(f) The amount of any exemptions. Exemptions reimbursable by the
state shall be shown separately.
(g) The total taxes due and payable on the property covered by the
bill.
(h) Instructions on tendering payment, including the name and
mailing address of the tax collector.
(i) The billing of any special purpose parcel tax as required by
paragraph (2) of subdivision (b) of Section 53087.4 of the Government
Code, or any successor to that paragraph.
(j) Information specifying all of the following:
(1) That if the taxpayer disagrees with the assessed value as
shown on the tax bill, the taxpayer has the right to an informal
assessment review by contacting the assessor's office.
(2) That if the taxpayer and the assessor are unable to agree on a
proper assessed value pursuant to an informal assessment review, the
taxpayer has the right to file an application for reduction in
assessment for the following year with the county board of
equalization or the assessment appeals board, as applicable, and the
time period during which the application will be accepted.
(3) The address of the clerk of the county board of equalization
or the assessment appeals board, as applicable, at which forms for an
application for reduction in assessment may be obtained.
2611.7. (a) Upon the written request of a taxpayer made no later
than September 1, a tax collector who has adopted this section
pursuant to paragraph (4) of subdivision (c) shall, subject to
subdivisions (b) and (c), issue a consolidated tax statement, for all
of the properties entered on the secured roll with respect to which
the requesting taxpayer is the assessee. An adopting tax collector
shall annually print on the back of each property tax bill a written
notice to each taxpayer of a taxpayer's authority under this section
to request a consolidated tax statement, and of those fees,
requirements, conditions, and limitations specified in subdivisions
(b) and (c).
(b) Any request made pursuant to this section for a consolidated
tax statement is subject to all of the following conditions:
(1) The request shall specify the assessor's parcel number of each
property on the secured roll for which the requesting taxpayer is
the assessee.
(2) With respect to any single parcel, only one named assessee may
request and receive a consolidated tax statement.
(3) Any request that is timely made pursuant to this section for a
consolidated tax statement is valid only for those property taxes
levied for the first five fiscal years following the making of the
request.
(c) (1) The tax collector may charge a fee for each request for a
consolidated tax statement made pursuant to this section. Any fee
charged pursuant to this paragraph shall be set at an amount not
greater than that amount that will allow the tax collector to recover
his or her costs incurred in implementing this section.
(2) A consolidated tax statement issued pursuant to a request made
pursuant to this section is not a tax bill and does not supersede or
take the place of any tax bill.
(3) No tax collector shall incur any legal liability with respect
to any consolidated tax statement provided by the tax collector
pursuant to this section.
(4) This section does not apply to a county unless the tax
collector of that county has adopted this section pursuant to a
written memorandum transmitted to the county board of supervisors and
recorded with the county recorder.
2612. On the tax bill for tax-defaulted property shall appear in
writing the fact that prior year taxes are in default. The tax bill
may contain language such as "prior year taxes delinquent," "prior
year taxes in default," "unpaid prior year taxes jeopardize property,"
or any other language which would indicate the fact that the
property is in jeopardy as a result of delinquent prior year taxes.
2612.5. The tax collector shall issue separate tax bills for
tax-defaulted property and property which is not tax delinquent.
Where tax-defaulted property and property which is not tax
delinquent have been included or combined in one assessment, the tax
collector may request the assessor to make a separate valuation of
each such property, and the assessor shall within 10 days from and
after the date of any such request make each such valuation and
notify the auditor thereof.
2612.6. The auditor shall enter the descriptions and the separate
valuations on the roll in lieu of the original assessment, shall
compute the taxes and penalties thereon and notify the tax collector
thereof.
2613. All taxes shall be paid at the tax collector's office unless
the board of supervisors, upon recommendation of the tax collector
and on or before the day when payments may be made, orders that taxes
be collected in any other or additional location, in addition to a
location within the county.
2614. The tax collector shall mark the fact and date of payment on
the roll or delinquent roll, opposite the tax to which the payment
relates.
2614.5. The tax collector may, when approved by resolution of the
board of supervisors of such county, adopt a procedure showing the
fact and date of payment on machine-prepared lists.
2615. Whenever taxes are paid in cash or whenever a receipt is
requested at the time of payment by the person paying the tax, the
tax collector shall give a receipt to the person making payment,
specifying each of the following:
(a) The amount paid.
(b) The fiscal year and the installment of taxes to which the
payment applies.
(c) The description of the property.
The receipt shall be issued without charge.
2615.5. When the county sends a tax bill or copy thereof to any
homeowner who received the homeowners' exemption in the immediately
preceding year, except where such person has transferred title in the
property since the immediately preceding lien date, or to any person
who has filed an exemption claim during the preceding assessment
year, the tax bill or copy shall be accompanied by a notice
concerning ineligibility for the homeowners' exemption. The notice
shall inform the taxpayer of the circumstances under which he becomes
ineligible for the exemption, of the penalties which are applicable
if he allows the exemption to continue when he is not eligible for
the exemption, and of his duty to inform the assessor when he is no
longer eligible for the exemption. Failure to receive the notice
shall not excuse the taxpayer of the duty to inform the assessor of
his ineligibility for the exemption.
2615.6. When the county sends to any person a tax bill, it shall be
accompanied by a notice regarding property tax assistance and
postponement for senior citizens under the
Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance
Law and the Senior Citizens Property Tax Postponement Law. The text
of this notice shall be prepared by the Franchise Tax Board.
2616. Not less than once every 12 months and on dates approved by
the auditor, the tax collector shall account to the auditor for all
moneys collected during the preceding reporting period. On the same
day he or she shall file with the auditor a statement under oath,
showing that all money collected by him or her has been paid as
required by law.
Not less than once every 12 months and on dates approved by the
auditor, the tax collector shall file with the auditor a statement
under oath, showing an itemized account of all his or her
transactions and receipts since his or her last settlement.
In counties using a mechanized management reporting system in
reporting information for a uniform four-week period, the board of
supervisors, by ordinance, may provide for the duties required by
this section to be performed on a corresponding uniform four-week
period.
2617. All taxes due November 1, if unpaid, are delinquent at 5
p.m., or the close of business, whichever is later, on December 10,
and thereafter a delinquent penalty of 10 percent attaches to them.
2618. The second half of taxes on real property, if unpaid, is
delinquent at 5 p.m., or the close of business, whichever is later,
on April 10, and thereafter a delinquent penalty of 10 percent
attaches to it.
2619. If December 10 or April 10 falls on Saturday, Sunday or a
legal holiday, the time of delinquency is at 5 p.m., or the close of
business, whichever is later, on the next business day. If the board
of supervisors, by adoption of an ordinance or resolution, closes the
county's offices for business prior to the time of delinquency on
the "next business day" or for that whole day, that day shall be
considered a legal holiday for purposes of this section.
2621. After the second installment of taxes on the secured roll is
delinquent, the tax collector shall collect a cost of ten dollars
($10) for preparing the delinquent tax records and giving notice of
delinquency on each separate valuation on the secured roll of:
(a) Real property, except possessory interests.
(b) Possessory interests.
(c) Personal property cross-secured to real property.
The cost shall be collected even though the property appears on
the roll due to a special assessment and no valuation of the property
is given.
2623. Prior to February 1st, the auditor shall:
(a) Compute and enter the delinquent penalty against all taxes on
the secured roll not marked paid.
(b) Foot the penalties.
(c) Charge the tax collector with the total penalties due on the
secured roll.
(d) Deliver the secured roll to the tax collector.
2624. After the second half of taxes on real property is
delinquent, the tax collector shall prepare a delinquent roll. In
numerical or alphabetical order, the delinquent roll shall show all
information on the secured roll relating to property the taxes on
which are delinquent.
2626. On or before June 1st, the auditor shall compare the
delinquent roll, if one is prepared, with the secured roll. If
satisfied the delinquent roll is correct, he shall:
(a) Foot the unpaid taxes and penalties.
(b) Credit the tax collector with the unpaid taxes and penalties
on the secured roll.
(c) Make a final settlement with him of all taxes and penalties
charged against him on the secured roll.
The tax collector shall deliver the treasurer's receipt to the
auditor, unless the treasurer is the collector, and shall immediately
account for any deficiency. The secured roll shall remain in the tax
collector's office.
2627. Within three days after this settlement, the auditor shall:
(a) Compute and enter the penalties and costs on the delinquent
roll.
(b) Charge the tax collector with the amount due on the delinquent
roll.
(c) Deliver the delinquent roll duly certified, to the tax
collector.
2628. Annually, on or before August 10th, the tax collector shall
make a collections report on the secured roll and, if one is
prepared, the delinquent roll, and make it or them available to the
auditor for purposes of audit.
2629. The auditor shall then administer an oath to the tax
collector, to be written and subscribed on the delinquent roll, that
all property on the delinquent roll on which taxes have been paid has
been credited with the payment on the delinquent roll.
2630. The auditor shall foot the amount unpaid on the delinquent
roll, credit the tax collector with the amount, and have a final
settlement with him.
2631. If the roll or delinquent roll is transferred from one
collector to another, the auditor shall credit the one and charge the
other with the amount outstanding.
2632. If the tax collector refuses or neglects for five days to
make payments or settlements as required in this division, he is
liable for the full amount of taxes charged against him.
2633. The district attorney shall bring suit against the tax
collector and his sureties for this amount. The controller or the
board of supervisors may require the district attorney to bring this
suit if he neglects his duty. After the suit is commenced, no credit
shall be made to the collector for taxes outstanding.
2634. The roll or delinquent roll or a copy certified by the tax
collector, showing unpaid taxes against any property, is prima facie
evidence of the assessment, the property assessed, the delinquency,
the amount of taxes due and unpaid, and that there has been
compliance with all forms of law relating to assessment and levy of
the taxes.
2635. When the amount of taxes paid exceeds the amount due by more
than ten dollars ($10), the tax collector shall send notice of the
overpayment to the taxpayer. The notice shall be mailed to the
taxpayer's last known address and shall state the amount of
overpayment and that a refund claim may be filed pursuant to Chapter
5 (commencing with Section 5096) of Part 9.
2635.5. Notwithstanding any other provision of law, with the
exception of Chapter 2.3 (commencing with Section 2780) of Part 5,
the tax collector may apply any refund due a taxpayer, or the
taxpayer's agent, to any delinquent taxes due on the same property
for which the same taxpayer, or his or her agent, is liable.
2636. Notwithstanding any other provision of law, in the case of a
deficiency in the payment of taxes due and payable pursuant to this
chapter, the tax collector, with the approval of the board of
supervisors, may accept such partial payment from the taxpayer. Such
partial payments are to be applied first to all penalties, interest
and costs with the balance being applied to the taxes due. The
difference between the amount paid by the taxpayer and the amount due
shall be treated as a delinquent tax in the same manner as any other
delinquent tax.
2601. (a) On or before the fourth Monday in September, the auditor
shall deliver the secured roll to the tax collector, with an affixed
affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that I received the
assessment roll from the assessor, with his affixed affidavit: that I
have corrected it as required by the State Board of Equalization;
and that I have reckoned the respective sums due as taxes and have
added the columns of valuations and taxes, as required by law."
If the roll is a machine-prepared roll, the auditor shall deliver
the assessment roll to the assessor and shall deliver the roll on
which he has extended taxes to the tax collector, with an affixed
affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the attached roll is
a reproduction of the roll prepared by the assessor and corrected by
the State Board of Equalization; and that I have reckoned the
respective sums due as taxes and have added the columns of valuations
and taxes as required by law."
(b) If the roll is a machine-prepared roll, and the tax bills are,
with the consent of the tax collector and the approval of the board
of supervisors, also machine-prepared by the auditor, the auditor
shall, on or before the fourth Monday in September, deliver the
assessment roll to the assessor, and shall, on or before October 16,
deliver the roll on which he has extended taxes to the tax collector,
with an affixed affidavit, subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the attached roll is
a reproduction of the roll prepared by the assessor and corrected by
the State Board of Equalization; and that I have reckoned the
respective sums due as taxes and have added the columns of valuations
and taxes as required by law."
(c) If the extended roll is retained in electronic data-processing
equipment and no physical document is prepared and if the tax bills
are, with the consent of the tax collector and the approval of the
board of supervisors, machine prepared, the auditor shall, on or
before the fourth Monday in September, deliver the assessment roll to
the assessor, and shall, on or before October 16, deliver the
completed tax bills to the tax collector with an affidavit,
subscribed by him, as follows:
"I, ____, Auditor of ____ County, swear that the tax bills
herewith submitted to you are the result of extending the roll
prepared by the assessor and corrected by the State Board of
Equalization and that I have determined the respective sums due as
taxes, in the total amount of $____, as required by law."
2602. The tax collector shall collect all property taxes.
2603. At the time the auditor delivers the local assessment roll to
the tax collector, he shall charge the collector with the taxes
extended thereon, together with the taxes extended on the board roll.
2604. When property the taxes on which are to be collected by the
tax collector is placed on the roll after it has been delivered to
the tax collector, the auditor shall immediately compute and enter
the tax and other charges and make the necessary changes in his
account with the tax collector.
2605. The following taxes on the secured roll are due and payable
November 1:
(a) All taxes on personal property.
(b) Half the taxes on real property, and if the amount is not
evenly divisible by two, the odd cent is also due and payable unless
the roll shows the odd cent as part of the second installment.
2606. The second half of taxes on real property on the secured roll
is due and payable February 1.
2607. The entire tax on real property may be paid when the first
installment is due and payable or at any time thereafter until the
properties on the current roll become tax defaulted. The second
installment may be paid separately only if the first installment has
been paid. The tax collector shall accept payment of current year
taxes even though prior year delinquencies on the real property may
exist. The acceptance of that payment shall not affect the validity
of any sale in satisfaction of a lien for defaulted taxes.
2607.1. Upon authorization of the board of supervisors, the tax
collector shall accept payment of the second installment of the tax
on real property at a discounted amount, as established annually by
the board, if payment is made on or before the date the first
installment is due.
2608. The tax collector may fix a date preceding the due date when
payments may be made.
2609. On or before the day when taxes are payable the tax collector
shall publish a notice specifying:
(a) The dates when taxes on the secured roll will be due.
(b) The times when these taxes will be delinquent.
(c) The penalties and costs for delinquency.
(d) That all taxes may be paid when the first installment is due.
(e) The times and places at which payment of taxes may be made.
2610. The notice shall be published once a week for two weeks in a
newspaper, if there is one published in the county, or, if none, by
posting it in three public places in each township.
2610.5. Annually, on or before November 1, the tax collector shall
mail or electronically transmit a county tax bill or a copy thereof
for every property on the secured roll. This requirement need not be
met where no taxes are due. Failure to receive a tax bill shall not
relieve the lien of taxes, nor shall it prevent the imposition of
penalties imposed by this code. However, the penalty imposed for
delinquent taxes as provided by any section of this code shall be
canceled if the assessee or fee owner demonstrates to the tax
collector that delinquency is due to the tax collector's failure to
mail or electronically transmit the tax bill to the address provided
on the tax roll or electronic address provided and authorized by the
taxpayer to the tax collector. Penalties imposed may be canceled if
the board of supervisors, upon recommendation of the tax collector,
has authorized the tax collector to establish, and the tax collector
has so established, specific procedures for the consideration of
penalty cancellations. Those procedures may provide that penalties
imposed may be canceled by resolution of the county board of
supervisors upon the recommendation of the tax collector if the
assessees or fee owners demonstrate to the tax collector that the
delinquency is due to the county's failure to send a notice of taxes
to the owner of property acquired after the lien date on the secured
roll, provided payment of the amount of taxes due, minus any
penalties and costs, is made no later than June 30 of the fiscal year
in which the property owner is named as the assessee for taxes
coming due.
With respect to a late, amended, or corrected tax bill, the
penalties imposed for delinquent taxes shall be canceled if the tax
amount is paid within 30 days following the date that bill is mailed
or electronically transmitted.
Under no circumstance shall a taxpayer have fewer than 30 days to
pay without penalty.
2610.6. When the tax collector sends a tax bill to any person
respecting property which has been assessed to another and who has
the power, pursuant to written or oral authorization, to pay the
taxes on behalf of another, the tax collector shall send to the
assessee an information copy of the tax bill, except, that the copy
shall state plainly that the copy is not a bill and that the original
bill has been sent to another person for payment.
2611. A notice shall be printed on all tax bills specifying that if
taxes are unpaid, it will be necessary as provided by law to pay:
(a) Delinquency penalties.
(b) Costs.
(c) Redemption penalties.
(d) Redemption fee.
2611.1. Any county department, officer, or employee charged by law
with the collection of any county tax assessment, penalty or cost,
license fees or money owing the county for any reason, that is due
and payable, may file a verified application with the board for a
discharge from accountability for the collection of the tax
assessment, penalty or cost, license fees or money owing the county
for any reason if the amount is so small as not to justify the cost
of collection or if collection enforcement is impractical. The board
of supervisors may adopt, with the approval of a majority of its
entire membership, a resolution that authorizes and designates the
county auditor as the officer to exercise the authority of the board
under this section. No discharge from accountability obtained
pursuant to this section shall be construed to release any person
other than the person who obtained that discharge from an obligation
to pay amounts that are due and owing.
2611.2. The application for a discharge of accountability shall
include:
(a) A statement of the nature of the amount owing.
(b) The names of the assessees or persons liable and the amount
owed by each.
(c) The estimated cost of collection.
(d) Any other fact warranting the discharge, except where the
board of supervisors determines that the circumstances do not warrant
the furnishing of detailed information.
2611.3. The board of supervisors may make an order discharging the
department, officer, or employee, from further accountability and
direct the county auditor to adjust any charge against said
department, officer, or employee, in a like amount.
2611.4. Any county department, officer or employee may refrain from
collecting any tax, assessment, penalty or cost, license fees or
money owing to the county where the amount to be collected is twenty
dollars ($20) or less. Nothing in this section shall be construed as
releasing any person from the payment of any tax, assessment, penalty
or cost, license fee or any other money which is due and owing to
the county.
2611.5. At the option of a county and when authorized by resolution
of the board of supervisors pursuant to Article 4 (commencing with
Section 29370) of Chapter 2 of Division 3 of Title 3 of the
Government Code, a cash difference fund may be used to increase the
amount tendered to the county for the payment of any tax,
assessments, penalty, cost or interest which is due and owing the
county, when a difference of ten dollars ($10) or less exists. A
record of each use of the fund shall be maintained, containing
sufficient information to identify the name of the person whose
account was credited and listing the amount of the difference.
Notwithstanding any provision of law, including Sections 29372,
29373, 29374, and 29375 of the Government Code, the cash difference
fund may be expended, maintained, or replenished by accounting
entries into a cash difference account and an overage account
maintained in the county automated accounting system. All transfers
between the fund and the accounts may be made and retained in
electronic data processing equipment and no written report pursuant
to Section 29073 of the Government Code, warrant, special warrant, or
check warrant need be prepared by the auditor or treasurer. If
approved pursuant to Section 29380.1 of the Government Code,
replenishment of the cash difference account may be accomplished by
the county auditor by a journal entry or electronic funds transfer
from the county's general fund.
When an amount paid to the county on any tax, assessment, penalty,
cost, and interest exceed the amount due the county and the excess
does not exceed ten dollars ($10), the excess amount may be deposited
into the overage account. If the excess amount is not so deposited,
it shall be refunded to the person making the payment.
2611.6. The following information shall be included in each county
tax bill, whether mailed or electronically transmitted, or in a
separate statement accompanying the bill:
(a) The full value of locally assessed property, including
assessments made for irrigation district purposes in accordance with
Section 26625.1 of the Water Code.
(b) The tax rate required by Article XIII A of the California
Constitution.
(c) The rate or dollar amount of taxes levied in excess of the
1-percent limitation to pay for voter-approved indebtedness incurred
before July 1, 1978, or bonded indebtedness for the acquisition or
improvement of real property approved by two-thirds of the voters on
or after June 4, 1986.
(d) The amount of any special taxes and special assessments
levied.
(e) The amount of any tax rate reduction pursuant to Section 96.8,
with the notation: "Tax reduction by (name of jurisdiction)."
(f) The amount of any exemptions. Exemptions reimbursable by the
state shall be shown separately.
(g) The total taxes due and payable on the property covered by the
bill.
(h) Instructions on tendering payment, including the name and
mailing address of the tax collector.
(i) The billing of any special purpose parcel tax as required by
paragraph (2) of subdivision (b) of Section 53087.4 of the Government
Code, or any successor to that paragraph.
(j) Information specifying all of the following:
(1) That if the taxpayer disagrees with the assessed value as
shown on the tax bill, the taxpayer has the right to an informal
assessment review by contacting the assessor's office.
(2) That if the taxpayer and the assessor are unable to agree on a
proper assessed value pursuant to an informal assessment review, the
taxpayer has the right to file an application for reduction in
assessment for the following year with the county board of
equalization or the assessment appeals board, as applicable, and the
time period during which the application will be accepted.
(3) The address of the clerk of the county board of equalization
or the assessment appeals board, as applicable, at which forms for an
application for reduction in assessment may be obtained.
2611.7. (a) Upon the written request of a taxpayer made no later
than September 1, a tax collector who has adopted this section
pursuant to paragraph (4) of subdivision (c) shall, subject to
subdivisions (b) and (c), issue a consolidated tax statement, for all
of the properties entered on the secured roll with respect to which
the requesting taxpayer is the assessee. An adopting tax collector
shall annually print on the back of each property tax bill a written
notice to each taxpayer of a taxpayer's authority under this section
to request a consolidated tax statement, and of those fees,
requirements, conditions, and limitations specified in subdivisions
(b) and (c).
(b) Any request made pursuant to this section for a consolidated
tax statement is subject to all of the following conditions:
(1) The request shall specify the assessor's parcel number of each
property on the secured roll for which the requesting taxpayer is
the assessee.
(2) With respect to any single parcel, only one named assessee may
request and receive a consolidated tax statement.
(3) Any request that is timely made pursuant to this section for a
consolidated tax statement is valid only for those property taxes
levied for the first five fiscal years following the making of the
request.
(c) (1) The tax collector may charge a fee for each request for a
consolidated tax statement made pursuant to this section. Any fee
charged pursuant to this paragraph shall be set at an amount not
greater than that amount that will allow the tax collector to recover
his or her costs incurred in implementing this section.
(2) A consolidated tax statement issued pursuant to a request made
pursuant to this section is not a tax bill and does not supersede or
take the place of any tax bill.
(3) No tax collector shall incur any legal liability with respect
to any consolidated tax statement provided by the tax collector
pursuant to this section.
(4) This section does not apply to a county unless the tax
collector of that county has adopted this section pursuant to a
written memorandum transmitted to the county board of supervisors and
recorded with the county recorder.
2612. On the tax bill for tax-defaulted property shall appear in
writing the fact that prior year taxes are in default. The tax bill
may contain language such as "prior year taxes delinquent," "prior
year taxes in default," "unpaid prior year taxes jeopardize property,"
or any other language which would indicate the fact that the
property is in jeopardy as a result of delinquent prior year taxes.
2612.5. The tax collector shall issue separate tax bills for
tax-defaulted property and property which is not tax delinquent.
Where tax-defaulted property and property which is not tax
delinquent have been included or combined in one assessment, the tax
collector may request the assessor to make a separate valuation of
each such property, and the assessor shall within 10 days from and
after the date of any such request make each such valuation and
notify the auditor thereof.
2612.6. The auditor shall enter the descriptions and the separate
valuations on the roll in lieu of the original assessment, shall
compute the taxes and penalties thereon and notify the tax collector
thereof.
2613. All taxes shall be paid at the tax collector's office unless
the board of supervisors, upon recommendation of the tax collector
and on or before the day when payments may be made, orders that taxes
be collected in any other or additional location, in addition to a
location within the county.
2614. The tax collector shall mark the fact and date of payment on
the roll or delinquent roll, opposite the tax to which the payment
relates.
2614.5. The tax collector may, when approved by resolution of the
board of supervisors of such county, adopt a procedure showing the
fact and date of payment on machine-prepared lists.
2615. Whenever taxes are paid in cash or whenever a receipt is
requested at the time of payment by the person paying the tax, the
tax collector shall give a receipt to the person making payment,
specifying each of the following:
(a) The amount paid.
(b) The fiscal year and the installment of taxes to which the
payment applies.
(c) The description of the property.
The receipt shall be issued without charge.
2615.5. When the county sends a tax bill or copy thereof to any
homeowner who received the homeowners' exemption in the immediately
preceding year, except where such person has transferred title in the
property since the immediately preceding lien date, or to any person
who has filed an exemption claim during the preceding assessment
year, the tax bill or copy shall be accompanied by a notice
concerning ineligibility for the homeowners' exemption. The notice
shall inform the taxpayer of the circumstances under which he becomes
ineligible for the exemption, of the penalties which are applicable
if he allows the exemption to continue when he is not eligible for
the exemption, and of his duty to inform the assessor when he is no
longer eligible for the exemption. Failure to receive the notice
shall not excuse the taxpayer of the duty to inform the assessor of
his ineligibility for the exemption.
2615.6. When the county sends to any person a tax bill, it shall be
accompanied by a notice regarding property tax assistance and
postponement for senior citizens under the
Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance
Law and the Senior Citizens Property Tax Postponement Law. The text
of this notice shall be prepared by the Franchise Tax Board.
2616. Not less than once every 12 months and on dates approved by
the auditor, the tax collector shall account to the auditor for all
moneys collected during the preceding reporting period. On the same
day he or she shall file with the auditor a statement under oath,
showing that all money collected by him or her has been paid as
required by law.
Not less than once every 12 months and on dates approved by the
auditor, the tax collector shall file with the auditor a statement
under oath, showing an itemized account of all his or her
transactions and receipts since his or her last settlement.
In counties using a mechanized management reporting system in
reporting information for a uniform four-week period, the board of
supervisors, by ordinance, may provide for the duties required by
this section to be performed on a corresponding uniform four-week
period.
2617. All taxes due November 1, if unpaid, are delinquent at 5
p.m., or the close of business, whichever is later, on December 10,
and thereafter a delinquent penalty of 10 percent attaches to them.
2618. The second half of taxes on real property, if unpaid, is
delinquent at 5 p.m., or the close of business, whichever is later,
on April 10, and thereafter a delinquent penalty of 10 percent
attaches to it.
2619. If December 10 or April 10 falls on Saturday, Sunday or a
legal holiday, the time of delinquency is at 5 p.m., or the close of
business, whichever is later, on the next business day. If the board
of supervisors, by adoption of an ordinance or resolution, closes the
county's offices for business prior to the time of delinquency on
the "next business day" or for that whole day, that day shall be
considered a legal holiday for purposes of this section.
2621. After the second installment of taxes on the secured roll is
delinquent, the tax collector shall collect a cost of ten dollars
($10) for preparing the delinquent tax records and giving notice of
delinquency on each separate valuation on the secured roll of:
(a) Real property, except possessory interests.
(b) Possessory interests.
(c) Personal property cross-secured to real property.
The cost shall be collected even though the property appears on
the roll due to a special assessment and no valuation of the property
is given.
2623. Prior to February 1st, the auditor shall:
(a) Compute and enter the delinquent penalty against all taxes on
the secured roll not marked paid.
(b) Foot the penalties.
(c) Charge the tax collector with the total penalties due on the
secured roll.
(d) Deliver the secured roll to the tax collector.
2624. After the second half of taxes on real property is
delinquent, the tax collector shall prepare a delinquent roll. In
numerical or alphabetical order, the delinquent roll shall show all
information on the secured roll relating to property the taxes on
which are delinquent.
2626. On or before June 1st, the auditor shall compare the
delinquent roll, if one is prepared, with the secured roll. If
satisfied the delinquent roll is correct, he shall:
(a) Foot the unpaid taxes and penalties.
(b) Credit the tax collector with the unpaid taxes and penalties
on the secured roll.
(c) Make a final settlement with him of all taxes and penalties
charged against him on the secured roll.
The tax collector shall deliver the treasurer's receipt to the
auditor, unless the treasurer is the collector, and shall immediately
account for any deficiency. The secured roll shall remain in the tax
collector's office.
2627. Within three days after this settlement, the auditor shall:
(a) Compute and enter the penalties and costs on the delinquent
roll.
(b) Charge the tax collector with the amount due on the delinquent
roll.
(c) Deliver the delinquent roll duly certified, to the tax
collector.
2628. Annually, on or before August 10th, the tax collector shall
make a collections report on the secured roll and, if one is
prepared, the delinquent roll, and make it or them available to the
auditor for purposes of audit.
2629. The auditor shall then administer an oath to the tax
collector, to be written and subscribed on the delinquent roll, that
all property on the delinquent roll on which taxes have been paid has
been credited with the payment on the delinquent roll.
2630. The auditor shall foot the amount unpaid on the delinquent
roll, credit the tax collector with the amount, and have a final
settlement with him.
2631. If the roll or delinquent roll is transferred from one
collector to another, the auditor shall credit the one and charge the
other with the amount outstanding.
2632. If the tax collector refuses or neglects for five days to
make payments or settlements as required in this division, he is
liable for the full amount of taxes charged against him.
2633. The district attorney shall bring suit against the tax
collector and his sureties for this amount. The controller or the
board of supervisors may require the district attorney to bring this
suit if he neglects his duty. After the suit is commenced, no credit
shall be made to the collector for taxes outstanding.
2634. The roll or delinquent roll or a copy certified by the tax
collector, showing unpaid taxes against any property, is prima facie
evidence of the assessment, the property assessed, the delinquency,
the amount of taxes due and unpaid, and that there has been
compliance with all forms of law relating to assessment and levy of
the taxes.
2635. When the amount of taxes paid exceeds the amount due by more
than ten dollars ($10), the tax collector shall send notice of the
overpayment to the taxpayer. The notice shall be mailed to the
taxpayer's last known address and shall state the amount of
overpayment and that a refund claim may be filed pursuant to Chapter
5 (commencing with Section 5096) of Part 9.
2635.5. Notwithstanding any other provision of law, with the
exception of Chapter 2.3 (commencing with Section 2780) of Part 5,
the tax collector may apply any refund due a taxpayer, or the
taxpayer's agent, to any delinquent taxes due on the same property
for which the same taxpayer, or his or her agent, is liable.
2636. Notwithstanding any other provision of law, in the case of a
deficiency in the payment of taxes due and payable pursuant to this
chapter, the tax collector, with the approval of the board of
supervisors, may accept such partial payment from the taxpayer. Such
partial payments are to be applied first to all penalties, interest
and costs with the balance being applied to the taxes due. The
difference between the amount paid by the taxpayer and the amount due
shall be treated as a delinquent tax in the same manner as any other
delinquent tax.
